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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Proposed Rules based on a 3-year average of annual mean PM2.5 concentrations. In the same rulemaking, EPA promulgated primary and secondary 24-hour standards of 65
mg/m3, based on a 3-year average of the 98th percentile of 24-hour concentrations. All areas in Washington met the 1997 PM2.5 standards, with all counties classified as unclassifiable/
attainment.
On October 17, 2006 71 FR 61144, the EPA revised the PM2.5 NAAQS, retaining the annual average NAAQS at 15 mg/m3 but revising the 24-hour NAAQS to 35 mg/m3. On November 13, 2009 74 FR 58688, the EPA designated the Tacoma area as nonattainment for the 24-hour PM2.5 NAAQS. On February 10, 2015 80 FR 7347, the EPA
approved the CAA section 175A
maintenance plan for the Tacoma area and redesignated the area to attainment.
Attainment was achieved primarily through wood stove emission reduction measures. However, projected declines in mobile source precursor emissions from ongoing vehicle fleet turnover also played a role in demonstrating continued attainment of the NAAQS.
Lastly, on January 15, 2013, the EPA
promulgated a revised primary annual PM2.5 NAAQS 78 FR 3086, strengthening the standard from 15 mg/
m3 to 12 mg/m3. Nonattainment area designations for the 2012 primary annual PM2.5 standard were published on January 15, 2015 80 FR 2206, with all counties in Washington classified as unclassifiable/attainment.

adopt Californias standards in lieu of federal vehicle standards, provided they do so with at least two model years lead time prior to the effective date of the standards, and provided that the EPA
has issued a waiver of preemption to California for such standards.

C. Federal Motor Vehicle Emission Standards To reduce air pollution from motor vehicles, which contribute to higher levels of ambient air pollution such as ozone and PM2.5, motor vehicles sold in the United States are required by the CAA to be certified to meet federal motor vehicle emission standards.
States are generally prohibited from adopting vehicle standards, except for California, which was granted an exception by the CAA to continue to issue its own vehicle emission standards. Section 209 of the CAA
requires that, among other criteria for a waiver of preemption, California must demonstrate to the EPA that its newly adopted standards will be in the aggregate, at least as protective of public health and welfare as applicable federal standards.
The CAA also authorizes other states to adopt California emission standards for which the EPA has granted California such a waiver of preemption.
Under section 177 of the CAA, states with CAA part D attainment or maintenance plans are authorized to
In 2005, the Washington Legislature first adopted Californias LEV program under Revised Code of Washington RCW 70A.30.010. Washingtons adoption in 2005 applied to passenger cars, light duty trucks, and medium duty passenger vehicles, excluding other medium duty vehicles and Californias ZEV requirements.3 The legislature directed the Washington Department of Ecology Ecology to develop regulations implementing the adoption of Californias LEV program, which Ecology codified in Chapter 173
423 Washington Administrative Code WAC. Chapter 173423 WAC became effective December 31, 2005 and applied
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D. California LEV Program In 1990, Californias Air Resources Board CARB adopted LEV standards applicable to light and medium duty vehicles and phased in beginning with model year 1994 vehicles. In 1999, California adopted a second generation of LEV standards, known as LEV II, which were phased in beginning model year 2004. The EPA waived federal preemption for Californias LEV II
program on April 22, 2003 68 FR
19811.
In 2012, California approved a new, more stringent LEV program called the Advanced Clean Cars Program, or the LEV III program. California codified the LEV III requirements for criteria pollutant control in Title 13 of the California Code of Regulations, Division 3, section 1961.2. The program was phased in beginning with vehicles certified in model year 2015 and applied to light duty vehicles, light duty trucks, and medium duty passenger vehicles. On June 9, 2013 78 FR 2112, the EPA granted a federal preemption waiver for Californias Advanced Clean Cars Program.2
E. Washington LEV Program
2 We note that Californias LEV III requirements for greenhouse gas exhaust emission standards codified in sections 1961.1 and 1961.3 were not submitted for approval as part of Washingtons adoption by reference of the California LEV rules, nor were provisions related to zero emission vehicles ZEV.
3 Effective June 11, 2020, the Washington State Legislature modified the LEV program to include all medium duty vehicles beginning with model year 2025 and adopted Californias zero emission vehicle standards. However, these recent statutory changes are not part of the 2019 rule package submitted for approval at this time.

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to all 2009 and subsequent model years.4 However, Washington did not submit the 2005 version of its LEV
program regulations as a SIP revision request to EPA at that time. Ecology subsequently amended its LEV program regulations to incorporate by reference updates to the applicable Californias LEV program requirements codified in California Code of Regulations Title 13, Division 3.5
II. Summary of the September 2019
Washington LEV SIP Revision On September 30, 2019, Washington submitted a SIP revision requesting that the EPA amend the SIP to incorporate the state LEV requirements under Chapter 173423 WAC. Washingtons LEV program includes Californias LEV
III standards for criteria pollutant control, which Ecology first incorporated by reference on November 28, 2012, effective December 29, 2012.6
Under section 177 of the CAA, states with CAA Part D attainment or maintenance plans, such as Washington, may adopt Californias standards in lieu of federal vehicle standards, provided they do so with at least two model years lead time prior to the effective date of the standards, and provided that the EPA has issued a waiver of preemption to California for such standards. As noted above, Washington adopted the California LEV standards in 2005
applying to model year 2009 vehicles, meeting the two-year lead time requirement under section 177 of the CAA. As discussed above, the California LEV II standards adopted by Washington in 2005 had already received an EPA federal preemption waiver in 2003. Therefore, Washington met all CAA section 177 requirements for initial adoption of the California LEV
standards. Subsequent updates, such as adoption of Californias LEV III, which also received a federal preemption waiver, also met the two-model year lead time requirement. Since the adoption of Californias LEV III program in 2012, there have been no major changes to Washingtons LEV program for criteria pollutants; however, Ecology has periodically updated the incorporation by reference in Chapter 173423 WAC to maintain consistency with the California motor vehicle emission standards.
Washington submitted, and the EPA
is proposing to approve and incorporate by reference into the SIP, Chapter 173
4 See Washington State Register WSR 0524044
included in the docket for this action.
5 See WSR 0903077, 1224033, 1612099, and 1902056 included in the docket.
6 See WSR 1224033 included in the docket.

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